FDA files appeal in Ecigarette case .... again
Wed, 12/22/2010 - 17:21 | 
ECSpotAdmin
In a not completely unforeseen move, the FDA has filed an appeal to the result of their appeal in the Sotera vs FDA Ecigarette case.
Earlier this month the US Court of Appeals upheld the earlier ruling that the FDA cannot regulate ecigarettes as drug delivery devices and instead must regulate them as tobacco products. Claiming that the three-judge panel's decision "rests on a clear error of law and will undermine" the intentions of Congress who gave the FDA jurisdiction over tobacco products in 2009, the FDA asks that the entire court of appeals for the district of Colombia hold a new hearing to review the appeal and reinstate a stay of the preliminary injunction barring them from seizing ecigarette imports pending that hearing.
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The FDA asks that the entire
The FDA asks that the entire court of appeals for the district of Colombia hold a new hearing to review the appeal and reinstate a stay of the preliminary injunction barring them from seizing ecigarette imports pending that hearing.
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Claiming that the three-judge
Claiming that the three-judge panel's decision "rests on a clear error of law and will undermine" the intentions of Congress who gave the FDA jurisdiction over tobacco products in 2009.
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Earlier this month the US
Earlier this month the US Court of Appeals upheld the earlier ruling that the used cars FDA cannot regulate ecigarettes as drug delivery devices and instead must regulate them as tobacco products.
Will be on the look-out of
Will be on the look-out of the progress of this case. Thanks for the information though. Authorhouse
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Claiming that the three-judge
Claiming that the three-judge panel's decision "rests on a clear error of law and will undermine" the intentions of Congress who gave the FDA jurisdiction over tobacco products in 2009
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Earlier this month the US
Earlier this month the US Court of Appeals upheld the earlier ruling that the FDA cannot regulate ecigarettes as drug delivery devices and instead must regulate them as tobacco products.
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Thanks for the update
We had a feeling this was coming.